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(영문) 수원지방법원 안양지원 2016.05.27 2016고단52
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months from September 7, 201 to imprisonment with prison labor for larceny, etc., in the support for care of a person who was sentenced to imprisonment with prison labor on September 7, 201; six months from imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on October 24, 2013; and on January 29, 2014 at the same court, two months from imprisonment with prison labor for larceny was completed on April 15, 2014.

【The Defendant, on July 22, 2015, indicated in the facts charged, at around 14:00, is obvious that the Defendant is a clerical error (see, e.g., 13, 17, 21 pages). Even if this is immediately correct, there is no likelihood of undermining the identity of the facts charged, thereby causing substantial disadvantages to the Defendant’s exercise of his/her right of defense, and thus, it is corrected ex officio without going through the amendment procedure (see, e.g., Supreme Court Decision 87Do1801, May 9, 1989). The Defendant: (a) the victim E, who was seated next to the DPC located in Sinpo City C, 200, 200, 200, 200, 200, 201, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 3, 20, 3.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. The screen by capturing a CCTV image;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of a repeated crime and the review report on the change of rate);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crime in the judgment and the fact that the same kind of crime has been repeated several times;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning criminal facts as to each of the pertinent provisions of the Act.

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